PERM

News & Analysis as of

Immigration Corner: Global Printing Problems for Immigrant Travel Visas, and More Road Signs on the Foggy PERM Highway

A printing problem usually can be fixed in minutes by swapping out a toner cartridge or adding some paper, or it could take a little longer to clear a complex paper jam. Right? Not at the U.S. Department of State! Apparently...more

BALCA Holds That, Despite Typographical Error on ETA 9089, Audit Materials Demonstrated Compliance

Before an employer may file an application under the Permanent Employment Certification (PERM) process, it must test the labor market to ensure that there are not sufficient U.S. workers who are able, willing, qualified, and...more

BALCA Reverses PERM Denial Based on Infeasibility-to-Train

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

Immigration Corner: Giving Hiring Preference to Laid-Off Employees and More New Customer Service Tools at USCIS

In November's newsletter, we discussed the challenges to the Department of Labor's (DOL) layoff regulation for PERM applicants. DOL has responded by clarifying what is required of an employer to properly notify and consider...more

Perils of PERM

- A Plethora of Pitfalls: • Precise Drafting • A reason for everything • Keep a handle on time • Harmonize ETA 9141 and ETA 9089 • Essential information in the recruitment • Normal, Foreign and Business...more

BALCA Holds that Link to HotJobs Is Not the Same as Posting the Job on the Employer’s Website

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced on the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

What Is the Difference between the EB2 and EB3 Preference Categories?

When a foreign national working in the United States wishes to obtain a green card to stay in the country permanently, he or she often does so through the PERM labor certification process. While there are other avenues for...more

Immigration Corner - November 13, 2013

Snapshots of both big picture and meaningful small-scale developments in the world of immigration. This month: a technology giant's hefty immigration fine and its implications, an improved interactive website for...more

Department of Labor Issues Alert on Handling of Applications Impacted by the Shutdown

On October 31, 2013, the Department of Labor issued detailed guidance regarding the handling of applications and responses after the government shutdown. The Office of the Foreign Labor Certifications (OFLC) is implementing...more

DOL Issues PERM Application Guidance for Employers Affected by Shutdown

The Department of Labor (DOL) has issued guidance concerning the effects of the government shutdown on employers’ ability to file applications and other submissions as part of the PERM process. With no information about how...more

DOL Advises Employers On Handling Of PERM, H-2A, And H-2B Applications After Government Shutdown

On October 31, 2013, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced that employers with time-sensitive recruitment or prevailing wage determinations that did not timely submit PERM...more

The Department of Labor Provides Limited Guidance on Certain Applications Affected by the Government Shutdown

On October 21, 2013, the Department of Labor (DOL) issued a statement regarding special mailing procedures that will be implemented for H-2A Certifications due to delays caused by the government shutdown between October 1 and...more

USCIS & DOL Announce Procedures, Reopening of Websites after Government Shutdown

In a welcome move that acknowledges the hardships caused by the government shutdown, United States Citizenship and Immigration Services (USCIS) has advised that if an H-1B petitioner submits evidence establishing that the...more

The Federal Government Reopens: An Update on Immigration Processing

The government officially reopened on October 17, 2013 after a shutdown that started on October 1. The shutdown had substantial immigration consequences for employers (which were explained in detail here and here). At least...more

Special Immigration Alert: The Immigration Ripple Effect of a Government Shutdown

The looming prospect of a Government shutdown will have a significant impact on the immigration process. Activities of the U.S. Citizenship and Immigration Services (USCIS) will be largely unaffected because it is funded by...more

Iowa Immigration Law Blog: Why PERMs are so Exacting

A new Board of Alien Labor Certification Appeals (BALCA) decision is a great example of the exacting nature of the PERM process. PERM is the first step toward permanent residence, and is regulated by the Department of...more

Stricter Scrutiny of Labor Certifications—Increase in Audits and Supervised Recruitment by the DOL

The U.S. Department of Labor (DOL) has indicated that it will further expand its use of “integrity” measures in the permanent labor certification program. These measures include the conduct of audit investigations and...more

Stricter Scrutiny Of Labor Certifications—Increase In Audits And Supervised Recruitment By The DOL

The U.S. Department of Labor (DOL) has indicated that it will further expand its use of “integrity” measures in the permanent labor certification program. These measures include the conduct of audit investigations and...more

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